Faculty News

Faculty News
January 2004

Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects

In This Issue

Marjorie Aaron
Marjorie created and presented two mediation training programs for the Ohio Supreme Court Dispute Resolution Office (one for Truancy Mediator and the other on multi-party mediation for Civil Court Mediators). She attended the Winter Conference of the CPR Institute for Dispute Resolution.

Kristin Kalsem
Kristin attended the AALS Annual Meeting in Atlanta and organized and attended a planning committee at the College of Law sponsored by the Ford Foundation in preparation for the upcoming women and the law conference (tentatively scheduled for February 2005).

Chris Bryant
Chris attended the Center for Civic Education’s Annual Scholars Conference in Manhattan Beach, California. The conference focused on the content and methods of scholar presentations at the many annual state and regional We The People Summer Institutes, at which primary and secondary government, history, and social studies teachers whose classes participate in the We The People program learn about the U.S. Constitution’s origins and development. His article, Remanding to Congress, 86 Cornell L. Rev. 328 (2001) (with Timothy J. Simeone), was cited in two recent articles by Timothy Zick: Constitutional Empiricism: Quasi-Neutral Principles and Constitutional Truths, 82 North Carolina L. Rev. 115 (2003), and Marbury Ascendant: The Rehnquist Court and the Power to “Say What the Law Is, 59 Washington & Lee L. Rev. 839 (2002), as well as by Dale Bish, The Unfounded Fears of Environmental Balkanization: The Ninth Circuit’s Dangerous Expansion of the Commerce Clause, 37 U. California Davis L. Rev. 605 (2003).

Paul Caron
Paul attended the AALS Annual Meeting in Atlanta. He completed a review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Rafael Gely) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=501402), to be published in 82 Texas L. Rev. (May 2004). Reuven Avi-Yonah (Michigan), reviewed Paul’s Tax Stories book in Tax Stories and Tax Histories: Is There a Role for History in Shaping Tax Law?, 101 Michigan L. Rev. 2227 (2003), calling it "an excellent book, the chapters were written by some of this country’s leading tax academics, and they are a pleasure to read.”

Foundation Press approved the twelfth book in his Law Stories series, Administrative Law Stories (Peter L. Strauss (Columbia)). Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 5, nos. 1-4) and Practitioner Series (vol. 4, nos. 1-4) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 4, no. 1) (co-edited with Robert A. Green (Cornell)).

Rafael Gely
Rafael completed a review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Paul Caron) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=501402), to be published in 82 Texas L. Rev. (May 2004). Two of his articles, Striker Replacements: A Law, Economics, and Negotiations Approach, 68 Southern California L. Rev. 363 (1995) (with Leonard Bierman), and Through the Looking Glass: Can Title VII Help Women and Minorities Shatter the Glass Ceiling?, 31 Houston L. Rev. 1517 (1995) (with Ramona L. Paetzold), were cited in Seth D. Harris, Re-thinking the Economics of Discrimination: U.S. Airways V. Barnett, the ADA, and the Application of Internal Labor Market Theory, 89 Iowa L. Rev. 123 (2003).

Mark Godsey
Mark attended the AALS Annual Meeting in Atlanta. He published The New Frontier of Constitutional Confession Law--The International Arena: Exploring the Admissibility of Confessions Taken by U.S. Investigators from Non-Americans Abroad, 91 Georgetown L.J. 851 (2003). Mark was interviewed by radio station 700 WLW on the legality of statutes criminalizing sexual solicitations of minors on the Internet. He spoke at a CLE event sponsored by the Ohio Criminal Defense Lawyers Association on the impact of SB11, which offers free DNA testing to certain inmates in Ohio.

Emily Houh
Emily attended the AALS Annual Meeting in Atlanta, where she was elected Treasurer of the AALS Section on Law and the Humanities; a SALT board meeting in Atlanta, where she was appointed Secretary of SALT; and a planning committee at the College of Law sponsored by the Ford Foundation in preparation for the upcoming women and the law conference (tentatively scheduled for February 2005). She gave a presentation on Grutter v. Bollinger at a College of Law program sponsored by the Diversity Committee on affirmative action.

Emily’s article, Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith and Fair Dealing in Contract Law, 88 Cornell L. Rev. 1025 (2003), was cited in Dorothy A. Brown, Critical Race Theory: Cases, Materials and Problems (West Group, 2003), and in Peddie v. Sterling Jewelers, Inc., 282 F.Supp.2d 947 (E.D.Wis. 2003).

Betsy Malloy
Betsy’s article, Something Borrowed, Something Blue: Why Disability Law Claims are Different, 33 Connecticut L. Rev. 603 (2001), was cited in Seth D. Harris, Re-thinking the Economics of Discrimination: U.S. Airways V. Barnett, the ADA, and the Application of Internal Labor Market Theory, 89 Iowa L. Rev. 123 (2003).

Brad Mank
Three of Brad’s articles were cited in prestigious law reviews: Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Georgia L. Rev. 723 (2002), in Dale Bish, The Unfounded Fears of Environmental Balkanization: The Ninth Circuit's Dangerous Expansion of the Commerce Clause, 37 Univ. California Davis L. Rev. 605 (2003); Rewarding Defendant Cooperation Under the Federal Sentencing Guidelines: Judges vs. Prosecutors, 26 Criminal L. Bull. 399 (1990), in Rachel E. Barkow, Recharging the Jury: The Criminal Jury’s Constitutional Role in an Era of Mandatory Sentencing, 152 Univ. Pennsylvania L. Rev. 33 (2003); and Textualism’s Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, 86 Kentucky L.J. 527 (1998), in Rebecca Hanner White, Arbitration and the Administrative State, 38 Wake Forest L. Rev. 1283 (2003).

Donna Nagy
Donna attended the AALS Annual Meeting in Atlanta and now serves as Chair of the AALS Section on Securities Regulation.

Bill Rands
Bill attended the AALS Annual Meeting in Atlanta.

Michael Solimine
Michael attended the AALS Annual Meeting in Atlanta. He published Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101 Michigan L. Rev. 1463 (2003). Michael’s article, Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. of Legal Studies 271 (1998) (with William Landes & Lawrence Lessig), was cited in Stephen Choi & Mitu Gulati, A Tournament of Judges?, 92 California Law Review 299 (2004).

Suja Thomas
In McKissack v. Wal-Mart Stores, Inc., 2004 WL 212930 (W.D.Tex., Jan 26, 2004), the court quoted Suja’s contention in Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment, 64 Ohio State L..J. 731 (2003), that the “already subjective practice of remittitur effectively eliminates the plaintiff’s right to a jury trial on damages” and observed that “while it is not necessary for this Court to consider the view of Professor Thomas in light of the holdings here, her caution merits evaluation by the federal courts.”

Joe Tomain
Joe attended the AALS Annual Meeting in Atlanta, where he organized and directed the meeting of the ABA Professionalism Committee; and board meetings of the Cincinnati Bar Association, Mercantile Library, KnowledgeWorks Foundation, and Center for Chemical Addictions Treatment. He continued extensive work on a revised edition of his book, Energy Law in a Nutshell (West Group).

Verna Williams
Verna organized and attended a planning committee at the College of Law sponsored by the Ford Foundation in preparation for the upcoming women and the law conference (tentatively scheduled for February 2005).

For past issues, visit the Faculty News Archive.